§ 8-408. Challenges in civil cases
West's Annotated Code of MarylandCourts and Judicial Proceedings
MD Code, Courts and Judicial Proceedings, § 8-408
§ 8-408. Challenges in civil cases
(a) This section sets forth the exclusive procedure by which a party in a civil case may challenge a jury on the ground that the jury was not summoned or otherwise selected in compliance with this title.
(b)(1) Before examination begins in a civil case or, for good cause shown, after a jury is sworn but before it receives evidence, a party may move to stay the case on the ground of substantial failure to comply with a provision of this title in selecting the trial jury.
(c) On a showing that a party needs access to a record to prepare for a hearing on a motion pending under this section, a trial judge may allow the party to inspect and copy the record as needed to prepare.
(d) A movant who files a motion in accordance with this section is entitled to present relevant evidence in support of the motion, including:
(e)(1) If a trial judge finds a substantial failure to comply with § 8-102(b) of this title in selecting a trial jury, the trial judge shall stay the case pending selection of a trial jury in compliance with this title.
(2) If a trial judge finds a substantial failure to comply with a provision other than § 8-102(b) of this title in selecting a trial jury and the failure is likely to be prejudicial to the movant, the trial judge shall stay the proceeding pending selection of a trial jury in compliance with this title.
Credits
Added by Acts 2006, c. 372, § 13, eff. Oct. 1, 2006.
MD Code, Courts and Judicial Proceedings, § 8-408, MD CTS & JUD PRO § 8-408
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
| End of Document |